Other conditions decisions — 2014

The Board has decided to remand the Veteran's claim for service connection for IgA glomerulonephritis, as the evidence is insufficient to determine whether his current kidney disorder is related to his military service. Additional medical opinions and records are needed.

The Veteran's claim for reopening his helpless child benefits on behalf of his daughter has been reopened, but further development is needed to obtain her medical records from 1992 to the present.

The Board has remanded the case due to the need for VA to obtain the appellant's complete service personnel file, which is relevant to his discharge and character of service claim.

The Veteran's claims for service connection have been denied. The Board found that new and material evidence had not been received to reopen the RLS claim, but did find new and material evidence sufficient to reopen the loss of sense of smell claim.,Service connection was denied for hyperlipidemia as it is a laboratory test result and not considered a disability. Claims for eczema, OSA, a smell disorder not associated with PTSD, a lung/breathing disorder not associated with sinusitis, and a separate major depressive disorder were also denied.

The Board has reopened the claim of service connection for a skin disorder and is granting it, as new evidence received since the last final denial supports the reopening of the claim.

The Veteran seeks service connection for bilateral lower extremity disabilities, including right and left knee and foot conditions. The case is being remanded to obtain additional medical records and determine the nature of any service-connected disabilities.

The Veteran's annual income exceeds the maximum limit for nonservice-connected VA pension benefits, resulting in denial of the claim.

The Board determined that the overpayment of VA compensation was not properly created due to the Veteran's status as a fugitive felon, and therefore any suspension or withholding of benefits during this period is void. The Veteran is entitled to all previously withheld VA compensation.

The Veteran's claim for service connection for a dental disability, including broken teeth, is denied as there is no evidence of loss of substance of the body of the maxilla or mandible due to trauma during active service.

The Board has remanded the case due to a lack of recent medical evidence and for further evaluation of the Veteran's foot stress fractures.

The Board denied the appellant's application to reopen her claim for recognition as an eligible surviving spouse for purposes of receiving DIC benefits due to lack of new and material evidence, despite a legal marriage in March 2007.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for purposes of entitlement to VA benefits, based on her legal marriage and continuous cohabitation with the Veteran up until his death in November 2007.

The Veteran's initial compensable rating for residuals of a left thumb fracture is granted at 10 percent.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for varicose veins of the left leg prior to April 24, 2012 or an evaluation in excess of 10 percent thereafter. Service connection was also denied for hypertension and migraine headaches.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration (SSA) records and scheduling a VA examination to assess the severity of his service-connected left foot disability. The TDIU claim is also inextricably intertwined with other issues on appeal.

The Board finds that the Veteran's left eye cataract, status post-surgery, is etiologically related to his active military service and grants service connection for this condition.

The Veteran's claim for an earlier effective date for the addition of his spouse to his service-connected compensation benefits was denied as there is no evidence that he notified VA of his marriage prior to September 28, 2009. The earliest possible effective date is September 28, 2009.

The Board has been notified that the appellant wishes to withdraw their appeal regarding Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code. As a result, the appeal is dismissed.

The Veteran's appeal is being remanded for a VA examination to address his heart disorder, including whether it is related to service-connected PTSD or presumed exposure to herbicides in Vietnam.

The Veteran's service is less than 90 days, which means he does not meet the basic eligibility requirements for nonservice-connected pension benefits.